Australia Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Australia.15 in-depth guides covering your rights, costs, and options.
Legal System
Common law
Divorce Type
No-fault (12 months separation)
Waiting Period
12 months separation
Average Cost
AUD $1,060 filing fee; total AUD $3,000–$50,000+
Property System
Just and equitable division
Residency
Australian citizen, resident, or domiciled; 12 months in Australia
Divorce Law in Australia: Overview
Australia has a unified federal family law system under the Family Law Act 1975, which introduced no-fault divorce. The sole requirement is 12 months of separation — couples can even be separated under the same roof if they can prove they were 'living separately and apart.' There is no automatic 50/50 property split; courts use a multi-step process considering contributions (financial and non-financial) and future needs. Since 2006, there has been a presumption of 'equal shared parental responsibility' (though not equal time). Property settlement applications must be filed within 12 months of divorce — a strict deadline that catches many people off guard.
Key Legislation
Family Law Act 1975
Comprehensive federal family law: divorce, property, parenting, and spousal maintenance.
Family Law Amendment (Shared Parental Responsibility) Act 2006
Presumption of equal shared parental responsibility.
Federal Circuit and Family Court of Australia Act 2021
Merged the Family Court and Federal Circuit Court.
Grounds for Divorce
- ●Sole ground: irretrievable breakdown proved by 12 months separation
- ●No fault required — no-fault system since 1975
- ●Separation under one roof is possible if living 'separately and apart'
How to Divorce in Australia: Step-by-Step
12 months separation
Must live separately and apart for 12 months. Can be under same roof with proof.
File application
At the Federal Circuit and Family Court. Can be sole or joint application.
Hearing
For sole applications, a brief hearing. Joint applications are usually decided on papers.
Divorce order
Takes effect 1 month after hearing (appeal period).
Property settlement
Separate from divorce. Must be filed within 12 months of divorce order.
Parenting orders
Can be applied for at any time — no deadline.
Recent Legal Reforms
Family Court and Federal Circuit Court merged into single court.
Family violence provisions strengthened — broader definition.
Presumption of equal shared parental responsibility introduced.
What Makes Australia Divorce Unique
- →12-month separation under same roof is possible — but must prove 'separate lives'
- →Property settlement has a STRICT 12-month deadline after divorce
- →No automatic 50/50 property split — multi-step contributions and needs analysis
- →De facto couples (2+ years) have the same property rights as married couples
- →Unified federal system — same rules in all states and territories
Australia Divorce Statistics
~33% of marriages
Divorce rate
12 years
Median duration of marriage at divorce
AUD $1,060
Filing fee
~60% women
Who files
Australia Divorce Guides
Australia Property Division
How assets and debts are divided
Australia Spousal Support
Maintenance and alimony
Australia Child Custody
Custody and parenting arrangements
Australia Divorce Process & Timeline
Steps and how long it takes
Australia Divorce Costs
Fees, costs, and legal aid
Australia Child Support
Financial support for children
Australia Uncontested Divorce
When both spouses agree
Australia Divorce Mediation
Alternative dispute resolution
Australia Divorce & Taxes
Tax implications of divorce
Australia Domestic Violence & Divorce
Safety and legal protections
Australia Prenuptial Agreements
How prenups affect divorce
Australia Legal Separation
Separation vs. divorce
Australia Contested Divorce
When spouses disagree
Australia Divorce with Children
Guide for parents
Australia Father's Rights
Equal parenting and custody
Every situation is different
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Legal Disclaimer: This article covers Australia divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Australia for advice specific to your situation.